Dominion Atlantic Railway Digital Preservation Initiative - Wiki
Use of this site is subject to our Terms & Conditions.
Terms & Conditions
The Dominion Atlantic Railway Digital Preservation Initiative Terms and Conditions
DISCLAIMER
As permitted under section 29 of the Canadian Copyright Act, this web site contains private study and research material contributed by enthusiasts of the defunct Dominion Atlantic Railway:
"29. Fair dealing for the purpose of research, private study, education, parody or satire does not infringe copyright."
This web site is a non-commercial non-profit website and is donated to and operated for the cyber volunteers of the Middleton Railway Museum by STEM Applications (1998) Ltd.
This site is hosted in the province of Alberta, Canada for Canadian citizen's use. If you are a citizen of another country you acknowledge that by using this site that you may in violation of the copyright laws of your respective country and you accept all responsibility in this regard. Works and images on this site have been identified (where known) by subject, source, author and copyright. If you are the author or copyright holder of an unidentified image or work on this site, please advise and we will update the information on the item.
Regarding Copyright in Canada, taken from the Government of Canada's web site:
Who Owns Copyright?
As a general rule, the author/creator is the first owner of copyright in a work. Where permission to use copyrighted material is needed, it is only the author/creator who can permit usage of his works. The author/creator of a work is furthermore, the only party that can sell, license or give away copyright. The author/creator can also transfer copyright in his works in its entirety or in parts.
Thus, ownership of copyright is like a chain, with the author/creator being the first owner, therefore being the first link in the chain. Links are added each time the author/creator sells, licenses or gives away all or part of the copyright.
How long does Copyright last?
As per the Copyright Act, copyright in a work exists for the life of the author/creator, the remainder of the calendar year in which he is deceased, plus seventy years after the end of that calendar year.
Works in the Public Domain
Public domain refers to works that belong to the public. Works in the public domain can be used free of charge and do not require written permission from the author/creator.
Physical Ownership of a Work Versus Ownership of Copyright
There is a difference between owning a physical object and owning copyright. Ownership of a physical object does not include ownership of the copyright of that object. For example, the purchase of a magazine, book, photograph, map, film, or sound recording does not mean that you also own copyright of these objects. Therefore, in order to use the physical object outside of its intended purpose, you are obliged under the Copyright Act to obtain written permission from the author/creator. Failure to do so could be deemed an infringement of copyright.
AGREEMENT
As a user of this site you understand that by using this site you have agreed:
- (1) to all the aforementioned caveats and provisions
- (2) to use this site at your own risk and to insure that any artifact, image or information you receive from this site is used for research or private study purposes only.
BE INFORMED
Current information on Canadian copyrights.
Further Copyright Investigation and Notes
Under the U.S. Copyright Act, a transfer of ownership in copyright must be memorialized in a writing signed by the transferor. For that purpose, ownership in copyright includes exclusive licenses of rights. Thus exclusive licenses, to be effective, must be granted in a written instrument signed by the grantor. No special form of transfer or grant is required. A simple document that identifies the work involved and the rights being granted is sufficient. Non-exclusive grants (often called non-exclusive licenses) need not be in writing under U.S. law. They can be oral or even implied by the behavior of the parties. Transfers of copyright ownership, including exclusive licenses, may and should be recorded in the U.S. Copyright Office. (Information on recording transfers is available on the Office's web site.) While recording is not required to make the grant effective, it offers important benefits, much like those obtained by recording a deed in a real estate transaction.
Chapter 9.3 Inheritance and Joint Ownership of Copyrights
© 2012 James E. Kennedy
Upon the death of a copyright owner, an active copyright is inherited according to a will and/or applicable inheritance law. The inherited copyrights are jointly held if there are multiple heirs. Similarly, the subsequent death of one of the joint heirs results in the copyright being passed to the heirs for that person. After two or three generations, the copyright ownership can become diffuse and complicated. It is important to remember that these jointly owned copyrights are not affected by who actually has physical possession of the original photograph, negative, letter or recording (or whether the original can be found). Joint ownership of copyrights also occurs if two or more people together create a work.
A very important point about joint ownership of copyrights is that in the U.S. any of the individuals jointly holding a copyright can authorize uses of the item without consulting with the other copyright owners. For example, if five descendents inherit copyrights to photographs from their deceased father, any one of the descendents can authorize that a certain museum can display, reproduce, and distribute copies of a photograph. The descendent giving the authorization does not need to get approval from the other four copyright holders.
However, one copyright holder cannot authorize uses or rights that restrict the actions of the other copyright holders, such as granting exclusive rights to a museum that would prevent the other copyright holders from granting rights to other persons or organizations. Exclusive rights that affect all of the joint copyright owners require the agreement of all of them. Also, if a profit results from an authorization by one joint copyright holder, then the authorizing copyright holder is legally required to make arrangements to appropriately share the profits.
One controversial issue is whether a joint copyright owner can authorize uses of an item that waste or destroy the value of the copyright for other joint owners. Authorizing extensive or unlimited free use of an item without compensation would be an example. Copyright experts have varying opinions on this topic (Dear Rich Staff, 2009; Patry, 2007). There have been no influential court cases yet. My impression is that the more valid position is held by those who argue that the concept of wasting or destroying the value of a copyright cannot be meaningfully implemented and that an implied legal duty to generate profits would be inconsistent with the basic premises of copyright law.
Contrary to U.S. law, many other countries require that all joint copyright holders must agree for any copyright authorization. This requirement minimizes potential conflicts with joint copyright owners but will dramatically inhibit use of copyrighted works in many cases with inherited copyrights.
Given the international requirements and the legal uncertainties in the U.S., some copyright attorneys recommend that all joint copyright owners sign any authorization for use and/or develop a contract that specifies agreed upon conditions for authorizing uses. These appear to be the safest practices when they can be done. However, such practices are often not feasible when copyrights have become diffusely distributed to many heirs.
